Frequently Asked Questions

23 2026-10

If the seller breaches the contract and refuses to sell the house, would it be effective to resolve the dispute through legal mediation?

The lawyer explained that when the seller breaches the contract, the lawyer's mediation is effective, which can promote the performance of the contract or compensation and retain the right to sue in the future. If the mediation fails, the lawyer will promptly initiate legal proceedings and apply for preservation measures.

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23 2026-10

Is the unit liable if it conceals the occupational hazards?

The lawyer explained that the unit should be held responsible for concealing the occupational disease hazards, and if the unit fails to fulfill its obligation to inform employees about physical examinations and causes illness, the employees can claim compensation and be subject to administrative penalties, which can be concurrent with work-related injury benefits.

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23 2026-10

What items are included in the compensation for occupational diseases?

The lawyer sorted out the compensation items for occupational diseases: medical rehabilitation fees, disability assistance, disability allowances, wages during the period of suspension of work and retention of salary, etc. Even if the unit has not participated in the social insurance, the compensation will still be paid according to the standard.

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23 2026-10

Can someone diagnosed with pneumoconiosis be recognized as having suffered a work-related injury?

The lawyer explained that pneumoconiosis is a statutory occupational disease and can be recognized as a work-related injury. To apply for recognition, it is necessary to first obtain a certificate of diagnosis of occupational diseases. If the unit has not purchased insurance, the unit will still pay compensation according to the standard.

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23 2026-10

How is the salary paid during the observation period for suspected occupational diseases?

The lawyer explained that during the observation period of suspected occupational diseases, employers are not allowed to terminate the contract and should guarantee the original salary and welfare benefits. If the employer suspends or reduces the salary on the grounds that the employee has not been diagnosed, the employee can claim compensation for the unpaid salary.

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23 2026-10

Is it necessary to undergo an occupational health check before leaving the job?

The lawyer explained that before a worker who has been exposed to occupational hazards leaves the job, the employer must arrange an exit examination for them, and the employer is not allowed to terminate or terminate the labor contract before the examination is completed.

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23 2026-10

How often should occupational health checks be conducted?

The lawyer explained that occupational health checks must be carried out regularly according to the categories of hazardous factors of the job, and the employer should organize checks before, during, and after the employee's departure from the job, and bear the cost of these checks.

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23 2026-10

Can I claim both compensation for work-related deaths and compensation for infringement of rights?

The lawyer explained that if a worker dies due to a third party's infringement, the worker's family can claim both work-related injury insurance benefits and civil infringement compensation, that is, double compensation, but actual expenses such as medical fees cannot be compensated twice.

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23 2026-10

Can the work-related death compensation be requested to be paid in a lump sum?

The lawyer explained that the dependents' pensions are paid monthly according to the law, and the one-time work-related death compensation and funeral subsidies are paid in a lump sum. The one-time settlement requires the unit to reach an agreement with the next of kin, and it cannot be enforced unilaterally.

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23 2026-10

What circumstances are considered as work-related fatalities in the eyes of the law?

The lawyer explained that the circumstances considered as work-related deaths include three situations: death within 48 hours after a sudden illness at work, injuries during emergency rescue, and recurrence of old injuries after retirement, all of which qualify for work-related death benefits.

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23 2026-10

What are the conditions for applying for non-enforcement of an arbitration award?

The lawyer explained that the non-enforcement of the arbitration award requires the existence of statutory grounds such as the absence of an arbitration agreement, exceeding the scope of the arbitration, procedural violations, fabrication and concealment of evidence, and unfair arbitration, which will be reviewed by the Intermediate Court.

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23 2026-10

How to apply for the enforcement of an arbitration award?

The lawyer explained that the arbitration award needs to be applied for enforcement to the intermediate court at the defendant's residence or where the property is located, and the full set of the award and the service certificate must be prepared. The application must be made within the two-year statute of limitations.

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23 2026-10

How to preserve the statute of limitations when the debtor's whereabouts are unknown?

The lawyer explained that when the debtor is uncontactable, the statute of limitations can be interrupted through methods such as notarization for debt collection and service by announcement of lawsuit, so as to protect the right to win the lawsuit and highlight the distinction of the guarantee period.

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23 2026-10

Is the creditor's claim still valid after the statute of limitations expires?

The lawyer explained that after the statute of limitations expires, the creditor's right to claim will not be extinguished, but the right to obtain a judgment in their favor will be lost. The debtor may raise a statute of limitations defense, and if there are circumstances of interruption or suspension, or if a new agreement is reached, the debtor can still protect their rights.

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23 2026-10

What is the maximum length of the statute of limitations for legal action?

The lawyer explained that the statute of limitations for litigation is a maximum of 20 years, and it can be interrupted for ordinary cases within three years; the maximum statute of limitations of 20 years starts from the occurrence of the damage, and it will not be suspended or interrupted. In special circumstances, it can be extended.

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